Unsorted FBI Documents

Affidavit of Joseph F. Noone in support of
a Criminal Complaint for Arrest Warrant

I, Joseph F. Noone, having been duly sworn upon his oath according to law, deposes and says:

1 . I am a Special Agent of the Federal Bureau of Investigations (FBI), United States Department
of Justice, and am empowered by law to investigate and make arrests for offenses enumerated
in Section 2516 of Title 18 of the United States Code. As such, I am an “investigative or law
enforcement officer” within the meaning of Title 18, United States Code, Section 2510(7). I am
currently assigned to the Scranton, Pennsylvania Resident Office of the FBI.

2 . I have been employed as a Special Agent with the FBI since January 2002. Since January
2002, I have specialized in the investigation of criminal enterprise cases and have participated
in numerous such drug trafficking investigations.

3 . During my career as a Special Agent, I have been trained in various aspects of law
enforcement, including the investigation of narcotics offenses. Throughout my law enforcement
career, I have participated in many narcotics investigations, including numerous investigations
involving consensually monitored telephone calls and several investigations involving
consensually intercepted wire communications. In the course of those investigations, I have
conducted consensually monitored telephone calls and wire communications, and was the
affiant for numerous search warrants, conducted surveillance, made arrests and secured
relevant information using other investigative techniques. In many of the investigations in which
I have participated I have acted as the lead investigative agent.

4 . As one of the lead investigative agents for this case in the Middle District of Pennsylvania
(MDPA), I have co-supervised the investigation with FBI Task Force Officer (TFO) Daniel
Mimnaugh and am thoroughly familiar with the information contained in this affidavit, either
through personal investigation or through discussions with other officers and agents who have
conducted interviews, or who have themselves obtained information, which they in turn have

reported to me.

5 . Since this affidavit is being submitted for the limited purpose of securing an arrest warrant, I
have not included each and every fact known to me concerning this investigation, but have set
forth only those facts relevant and necessary to establish probable cause to believe that Robert
F. Evans Jr., who is a Hughestown Borough Police Officer, illegally distributed Oxycodone,
which is a Schedule II Controlled Substance, in violation of Title 21, United States Code,
Section 841.

PROBABLE CAUSE

6 . On July 26, 2013, your affiant interviewed John Nat regarding his involvement in with the
purchase of controlled substances. Nat admitted the following: Nat purchased Oxycodone,
Percocet, Vicodin, and other scheduled drugs from Robert Evans and associates of Evans for
the past two years. Nat purchased quantities of five to twelve Schedule II prescription pills
from Evans on a weekly basis for the past two years at a cost of $30.00 to $60.00 per pill. Nat
would either place a telephone call or text message to Evans to place an order for the
Scheduled drugs. Nat would then meet Evans to provide Evans with cash. Evans would then
meet Nat a few hours later with the controlled substances. Nat described the following
locations as places Nat would meet Evans to conduct the drug transactions: the Car Wash on
Foote Avenue, Duryea or the Hughestown Borough Police Station. Nat stated that most of the
times Evans distributed the controlled substances to Nat, Evans was on duty as a Hughestown
Borough Police Officer. Nat claimed that Evans would be in full uniform with a firearm on his
side, and driving the Hughestown Borough marked police vehicle.

7 . On July 26, 2013, at approximately 2:30 PM, at the direction of your affiant, John Nat placed a
consensual recorded telephone call to Robert Evans to make a controlled buy of drugs from
Evans. Evans answered the telephone and asked Nat, “Why are you calling me?” “What
about the wife?” “What about the phone records?” “The phone records are going to get us in
trouble.” Nat told Evans that he was hurting for pills and everything would be alright. Evans
then stated, “I have 15s (referring to Oxycodone 15 mg pills)” “I need the bread in my hand by

5:00 PM.

I was just texting the person as we were talking right now.

8 . On July 26, 2013, at approximately 2:45 PM 26, at the direction of your affiant, John Nat
placed a consensual recorded telephone call to Robert Evans to advise Evans that Nat’s wife
would be coming home from work at 3:30 PM and Nat would be unable to meet with Evans to
conduct the drug transaction after 3:30 PM. Evans stated, “I don’t get out of work until 5:00
PM.” Nat advised Evans that Nat would re-contact Evans when he had money and was able to
get out of the house undetected by his wife to meet Evans.

9 . On July 29, 2013, at approximately 4:40 PM, at the direction of your affiant, John Nat placed a
consensual recorded telephone call to Robert Evans to make a controlled buy of drugs from
Evans. Evans asked Nat how much money Nat had. Nat told Evans he had $100.00. Evans
told Nat that $100.00 would get him six or seven pills. Evans and Nat agreed to meet at the Car
Wash on Foote Avenue, Duryea, for Nat to front Evans the $100.00 cash. Evans told Nat that
he would contact Nat at 8:00 PM to provide Nat with the pills. At approximately 4:55 PM, at the
direction of your affiant, and while wear a recording device, Nat met with Evans at the CarWash
and provided Evans with the $100.00 cash for the pills. During the consensually recorded
meeting, Evans told Nat that he would meet with Nat at 8:00 PM with the pills. Evans arrived at
the CarWash driving a Ford Fusion, four door sedan, grey in color with tinted windows.

10 . On July 29, 2013, at approximately 7:30 PM investigators met in the parking lot of the Kmart,
Pittston Township, to set up surveillance of the previously scheduled 8:00 PM drug transaction
between Evans and Nat. At approximately 8:00 PM, Nat arrived at the Kmart and at the
direction of your affiant, Nat placed several consensual recorded telephone calls to Evans which
all went unanswered and were forwarded to Evans’ voice mail. At approximately 8:20 PM, your
affiant directed Nat to depart the area of Kmart and to contact your affiant should Evans make
any attempts to contact Nat. Nat acknowledged he understood and departed the area. At
approximately 8:30 PM, your affiant observed a Ford Fusion, four door sedan, grey in color, with
tinted windows driving slow through the parking lot of Kmart near the area where investigators
were staged for the drug transaction. This vehicle was similar to the vehicle driven by Evans.

Your affiant and FBI Task Force Officer (TFO) Daniel Mimnaugh followed the vehicle until it
came to a stop in front of Redner’s Grocery Store which is adjacent to Kmart. Evans exited his
vehicle at which time your affiant and TFO Mimnaugh approached Evans and began to
interview Evans. Your affiant asked Evans if Evans had any weapons on his person. Evans
replied, “My gun is in my vehicle.” TFO Mimnaugh advised Evans that he was not under arrest,
he was free to leave at any time, and he did not have to answer any questions. Evans replied,
“I want to cooperate.” Evans provided the following statement voluntarily and against his penal
interest. Evans stated that he distributed Oxycodone 15 mg and 30 mg pills to John Nat, at
least twelve times over the last twelve months. Evans stated that he was on duty as a police
officer and in uniform at least two or three of the times he distributed Oxycodone pills to Nat.
Evans advised that he has a prescription for Oxycodone 30 mg pills prescribed to him by Doctor
Curt Moran. Evans stated that he also purchases Oxycodone 15 mg and 30 mg pills from his
associate Sid Lewis. Lewis was providing Evans with the Oxycodone 15 mg pills that Evans
was going to provide to Nat as talked about during the July 26, 2013 consensually recorded
telephone call between Nat and Evans. Evans stated that, “In the big picture, yes he is a drug
dealer, same with me.” Evans was referring to Lewis and himself. Evans stated to TFO
Mimnaugh, “I dealt pills with a gun on my hip.” Evans stated that he purchased Oxycodone 15
mg pills from Lewis approximately twenty-four times for $15.00 per pill. Evans would then
redistribute those pills to Nat. Evans stated that he also provided rides in the Hughestown
Borough marked police vehicle, while Evans was on duty, to John Ames, (described by Evans
as a known drug addict), to Wilkes-Barre, so Ames could purchase illegal drugs. Evans also
provided rides to Ames in his personal vehicle, so Ames could purchase illegal drugs from a
residence on River Street in Wilkes-Barre.

1. On July 29, 2013, your affiant interviewed Sid Lewis regarding his involvement with the
distribution of controlled substances. Lewis provided the following statement: Lewis admitted to
distributing Oxycodone pills to Robert Evans, who would then redistribute the Oxycodone pills to
John Nat and others. Lewis described Evans and himself as long-time childhood friends. Lewis
advised he distributed Oxycodone 15 mg pills to Evans on Friday July 26, 2013, at

approximately 5:00 PM or 6:00 PM. Lewis advised that he had received a request from Evans
for Oxycodone 15 mg pills earlier in the day on July 26, 2013. Lewis advised that he also
distributed Oxycodone pills to John Nat in the past, but he realized that Nat had a severe pill
addiction and no money so Lewis stopped providing pills to Nat, Lewis advised that both he
and Evans received these scheduled controlled substances from an individual named Billy
Tucker. Lewis advised that he traded Tucker four handguns for approximately 100 Oxycodone
30 mg pills. Lewis advised that Evans owed money to Tucker therefore Tucker stopped dealing
with Evans directly . Evans would then ask Lewis to purchase Oxycodone pills from Tucker for
Evans.

12. On August 1, 2013, your affiant received a voice mail message from Robert Evans at
approximately 9:43 AM from Evans' cellular telephone number asking your
affiant to contact Evans. Your affiant telephonically contacted Evans : at which time Evans
provided the following information: Evans advised that he was reinstated as a Police Officer on
August 9, 2012. Evans purchased a Clock model 23, .40 caliber handgun two weeks prior to
that date. That firearm is the only weapon owned/registered to Evans, Evans carries that
weapon while he is on duty, Evans advised that on the date of July 29, 2013, he was scheduled
to have court, so he dressed in street clothing and placed his firearm inside his vehicle in the
morning of July 29, 2013. Evans advised that he did not remove his firearm from his vehicle
until after the encounter with your affiant in the Kmart parking lot on July 29, 2013 at 8:30 PM.

13. Evans also stated that he provided Kenneth Shotwell, a Dupont Borough Police Officer, with
Oxycodone 30 mg pills approximately twenty-five times, with Shotwell receiving four or more
pills on each occasion. Evans advised that Shotwell is a prescription pill addict and has had
problems with pills in the past.

CONCLUSION

14 . Your affiant believes, based upon the above, there is probable cause to believe that Robert F.
Evans, Jr. did commit the following offense against the United States; namely to knowingly,
intentionally and unlawfully distribute and possess with the intent to distribute Oxycodone, a
Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841.

15 . Your affiant, having signed this affidavit, under oath as to all assertions and allegations contained
herein, state that its contents are true and correct to the best of my knowledge, information and
belief.

Joseph F. Noone
Special Agent

Federal Bureau of Investigation

Sworn and subscribed before

me this day of August 2013,

at Wilkes-Barre, Pennsylvania.

KAROLINE MEHALCHICK
United States Magistrate Judge